Suryakanta Padhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9575 of 2022 Suryakanta Padhi ....

Petitioner Mr. C. Nayak, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

19.10.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner is an accused in connection with P.R. No.111 of 2022-23 of Excise Mobile Unit-1, Cuttack, pending before the learned J.M.F.C., (Rural), Cuttack, corresponding to 2(a) C.C. Case No.753 of 2022, for commission of offences under Section 52(a)(i) of Odisha Excise Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Cuttack, by order dated 23.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Taking into account the nature of allegations and punishment prescribed that the petitioner is the first offender, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

6.

While releasing the petitioner on bail, the learned court in seisin over the matter shall verify the criminal antecedent of the petitioner. If it comes to the fore that the petitioner has any criminal antecedent this order shall stand recalled.

7.

Accordingly, the BLAPL stands disposed of.

8.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Ayesha